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Statement on the Cabinet meeting of 04 September 2013

1.1. Cabinet welcomes the launch of the Public Service Charter and commends public service unions and the State as the employer on the commitments made through this Charter.

The Charter introduces service standards within the public service with public service unions pledging their commitment to support the service standards.

1.2. Cabinet notes that many sectors are currently or have been engaged in wage negotiations. Cabinet welcomes settlements that have been reached in some sectors and takes note of continuing negotiations in others. Cabinet recognizes that in the democracy, workers have the right to strike. Cabinet emphasizes that such right must be exercised in a non -violent manner and in full compliance with the law.

There is a responsibility on trade union leaders, employers and the state and the security services to ensure that the law is upheld, that provocative actions are avoided and that industrial action is conducted in a peaceful manner.

1.3. Cabinet acknowledged the second Annual Mining Lekgotla that was held last week. The Lekgotla presented another opportunity for the key role players in the mining industry to continue engaging in finding lasting solutions to the challenges that afflict this sector. Under the leadership of the Deputy President Kgalema Motlanthe government also continues to support the framework agreement and its implementation for a sustainable and stable mining sector.

1.4. In the build-up to the 20 Years of Freedom on the 27 April 2014, Cabinet calls on all South Africans to commemorate our history and celebrate our diverse cultures during Heritage Month. This year’s celebrations will be marked under the theme: “Reclaiming, Restoring and Celebrating Our Living Heritage”.

The Heritage Day celebrations will take place at Sisa Dukashe Stadium in Mdantsane, Buffalo City Metro Municipality, Eastern Cape Province on 24 September 2013.

As part of the 20 Years of Freedom campaign, the national communication partnership will see the launch of ‘Freedom Friday’ on 20 September 2013, which will provide a platform for South Africans to cherish our hard-fought freedom to ensure that future generations are able to benefit from our developmental democracy.

During September, in support of our domestic tourism efforts, Cabinet encourages South African to visit heritage sites to remind us of our journey to freedom. Also, to support our natural heritage by visiting national parks free of charge from 9 to 13 September 2013 as part of the 8th annual South African National Parks (SANParks) Week.

1.5. Cabinet encourages all parents and guardians to support their children in the preparation for the upcoming Annual National Assessments (ANA) in literacy and numeracy that takes place between 10 and 13 September 2013.

Parents and guardians must ensure that they engage with the 2013 ANA results as this serves as an important diagnostic tool of learners’ strengths and weaknesses.

In preparation for the upcoming ANA parents, guardians and learners are urged to use the tools provided by the Department of Basic Education. These can be accessed on the Departments website (http://www.education.gov.za).

1.6. Cabinet extends a message of support to the South Africa National Defence soldiers deployed in the eastern Democratic Republic of the Congo for the period 13 June 2013 to 31 March 2014. South Africans are called upon to support and give recognition to these soldiers who are instrumental is realising South Africa’s commitment to peace, stability and the strengthening of democracy in the African continent.

1.7. Cabinet congratulates the Presidential appointment of Mr Mxolisi Sandile Oliver Nxasana as the National Director of Public Prosecutions and Vasantrai Soni (SC) as the Head of Special Investigative Unit.

1.8. Cabinet wishes the Jewish community of South Africa a very happy Rosh Hashanah (5-6 September 2013). Rosh Hashanah has profound significance for the Jewish Community in that it marks the beginning of a process of self-examination and reflection culminating in Yom Kippur, the Day of Atonement.

1.9. Cabinet expresses its condolences to Minister Mthethwa and his family on the passing away of his mother Ms Nurse Gumbi on the 03 September 2013.

2. Key Cabinet discussions and decisions

2.1. Cabinet received a report on the results of the Management Performance Assessments Tool (MPAT) of national and provincial departments for the 2012/13 financial year. The report is another tool that seeks to improve the quality of services provided by the departments. It assesses the four broad management areas namely Supply Chain management; human resource management; strategic planning and service delivery improvement. . The assessment is done on three levels, self-assessment; then a moderated process by the internal audit and finally moderated by a team of independent moderators.

The report will be further unpacked by the Department of Performance Monitoring and Evaluation during a scheduled launch of the MPAT next week in Cape Town.

2.2. Cabinet received and approved the first quarter reports for 2013/14 on the implementation of Delivery Agreements for the Outcomes. These reports will be unpacked during a planned series of media briefings for each of the 12 Outcomes.

2.3. Cabinet noted the report from the ‘Removal of Adverse Credit Information Project’ and approved the recommendations of the Select Committee on Trade and International Relations.

This seeks to address the issue of access to credit to those South Africans that can afford credit. These are consumers who may have paid their debts in full and are in a position to afford credit but whose access is currently impeded by negative credit information on their record.

This is primarily about ensuring that the National Credit Act (Act 34 of 2005) works as intended in terms of ensuring that consumers who can afford credit can be able to access it. Inaccessible or expensive credit hinders growth. Access to sustainable credit market is essential to all developmental goals.

2.4. Cabinet approved the White Paper on Remand Detention and its introduction to Parliament.

The draft White Paper seeks to improve the management of awaiting trial detention system in South African prisons. The paper outlines the principles that will drive the detention management of Remand detention. The report will be released through the Parliamentary process.

2.5. Cabinet approved that the Convention of Cluster Munitions be sent to Parliament for ratification. Cabinet supports the destruction of cluster munitions stocks in compliance with this Convention.

In November 2006 a United Nations (UN) conference could not reach agreement on how the adverse humanitarian impact of these weapons should be addressed. This led to a group of 46 countries, including South Africa, embarking on a process outside the UN, the so-called Oslo Process, to ban cluster munitions.

South Africa together with 93 other States signed the Convention in December 2008. On 1 August 2010 the Convention entered into force. The Convention bans the use, production, stockpiling and transfer of certain category of cluster munitions. The ratification of the Convention is in line with South Africa’s commitments to upholding human rights and humanitarian law when engaging in war fare.

2.6. Cabinet approved the submission of the report on the Audit of Registered State Land and a desktop analysis of Private Land Ownership in South Africa, by the Chief Surveyor-General, to Parliament.

Land information is critical to the success of all land developments in the country. The purpose of the audit of registered state land is to determine how much land is owned by the state, what it is used for and who the occupants/users are.

This will be used to enhance the integrity of the land register, which would serve as the basis for enhanced land planning and administration, including other functions relating to property portfolio management and improved delivery of services.

The design of the 2013 R2 gold coin will feature the San language and the design of the 2013 R1 gold coin will be the 3rd pollinator – the Fruit Bat. The coin designs together with their Proclamations will be printed in the Government Gazette. Thereafter they will be manufactured and sold through the normal channels.

2.8. Cabinet approved the submission to the United Nations Committee on the Rights of the Child and African Union Expert Committee the 3 reports relating to the progress made in securing the rights and wellbeing of children. The reports provide a transparent and critical opportunity for South Africa to assess the progress it has made in these areas;

a) Country Report on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

b) the combined second, third and fourth report on the United Nations Convention on the Rights of the Child

c) the African Charter on the Rights and Welfare of the Child: First Country report to the African Union Expert Committee on the Rights and Welfare of the Child.

Cabinet thanks the range of committed civil society organisations and international partners who partnered with government in realising the commitments made to children in our Constitution.

3. Bills

3.1. Cabinet approved the submission of the Restitution of Land Rights Amendment Bill to Parliament.

The Bill amends the Restitution Act to extend the date for the lodging of claims for restitution to 31 December 2018; the criminalisation of the lodgement of a fraudulent claim; the simplification of the procedure for the appointment of Judges to the Land Claims Court; and the amendment of certain provisions aimed at promoting the effective implementation of the Act.

The re-opening of lodgment of claims is guided by the vision of the National Development Plan as well as the Comprehensive Rural Development Programme and other growth strategies intended to promote national reconciliation and social cohesion.

3.2. Cabinet approved the introduction of the Science and Technology Laws, Amendment Bill, 2013 to Parliament.

The Amendment Bill deals with amendments to a battery of Acts which govern the operations of entities (science councils) that were established in terms of the said Acts. The Bill seeks to streamline the process for the nomination and appointment of members as well as the filling of vacancies to the Boards or Councils of such entities. The Bill enhances efficiency and consistency in the operations and governance of public entities reporting to the Minister of Science and Technology.

In strengthening Parliament’s oversight role, the Bill seeks to release Parliament from certain executive responsibilities relating to the appointment of members and filling of vacancies to such Boards or Councils. This accords with the constitutional principle of separation of powers.

3.3. Cabinet approved for the publication of the Traditional Affairs Bill in the Government Gazette for public comments.

The Bill makes statutory provisions for the recognition of the Khoi-San and also addresses limitations of existing legislation relating to traditional leadership and governance.

Since 1994 government has paid particular attention to the challenges relating to the Khoi-San and specifically, the recognition of Khoi-San communities and leaders. The Bill will contribute to the National Development Plan’s key target relating to the broadening of social cohesion and unity while addressing the inequities of the past.

3.4. Cabinet approved the National Credit Act Policy Review Framework and the National Credit Amendment Bill for introduction to Parliament.

The National Credit Act, 2005 (Act 34 of 2005) came into full effect on 1 June 2007 introducing a new era of credit regulations into the South African legal system.

The Bill aims to strengthen the capacity of the National Credit Regulator (NCR) to address certain challenges especially around court processes and to strengthen enforcement and implementation of the provisions of the National Credit Act 34 of 2005.

The Department of Trade and Industry (the dti) also concluded that the policy framework on Consumer Credit, on which the National Credit Act 34 of 2005 is founded, is sound and relevant. This follows a comprehensive review, in 2012, by the dti.

3.5. Cabinet approved the submission of the Determination of Remuneration of Members of Constitutional Institutions Matters Amendment Bill, 2013.

The Bill aims to create uniformity in respect of the determination of remuneration, allowances and other terms and conditions of employment of members from the Chapter 9 Institutions, thereby enhancing efficiency and consistency in the operations and governance of these key institutions.

4. Appointments

4.1. Cabinet approved the appointment of Mr Mokutule Joseph Kgobokoe to the post of Deputy Director-General: Food Security and Agrarian Reform at the Department of Agriculture, Forestry and Fisheries.

4.2. Cabinet approved with the appointment of Ms Zandile Yvonne Mathe to the post of Deputy Director-General: National Water Resource Infrastructure at the Department of Water Affairs.

4.3. Cabinet approved the appointment of the following people as board members to the Co-operative Banks Development Agency:

a) Sethe Patricia Makhesha (Chairperson)

b) Peter Koch (re appointment to Deputy Chairperson)

c) Venete Jarlene Klein

d) Lufuno Nevondwe

e) Thabo Vaughan Shenxane

f) Samuel Senalor Akrong

g) David Ginsburg

h) Renganayagee Kisten

4.4. Cabinet approved the appointment of the following members to the Agricultural Research Council in terms of section 9(1) of the Agricultural Research Act, 1990 Act No. 86 of 1990 for a period not exceeding 3 years.

a) Mr Jonathan Winston Alexander Godden (reappointment)

b) Prof. Michael Jeffrey Kahn (reappointment)

c) Prof. Sibusiso Vil-Nkomo (reappointment)

d) Dr Joyce Chitja (reappointment)

e) Ms Wilna Jansen Van Rijssen (reappointment)

f) Ms Dudu Msomi (reappointment)

g) Mr Mzolisi Dyasi (reappointment)

h) Prof. Frans J.C Swanepoel (reappointment)

i) Mr Gerard John Martin

j) Ms Dora Ndaba

k) Mr. Ismail Cassim Motala

l) Ms Muhle Joyce Mashiteng

m) Ms. Rowen Graham Nicholis

n) Mr. Clive Douglas Kneale

o) Prof. Louw C. Hoffman

p) Mr. Allen Henry Bishop

4.5. Cabinet concurred with the appointment of the following persons to the Council Of The Private Security Industry Regulatory Authority, for a period not exceeding three years:

a) Mr Daniel Claude Mojalefa Rathebe (Vice-Chairperson)

b) Brigadier Cynthia Lindiwe Philison (councillor)

c) Mr Benjamin Somangamane Ntuli (councillor)

d) Ms. Nontokoza Mthembu (councillor)

4.6. Cabinet approved the extension of the employment contract of Dr Vuyelwa Nhlapo as the Chief Executive Officer of ` the National Development Agency, for a 2 year term with effect 1 September 2013 to 31 August 2015.

4.7. Cabinet approved the appointment of Mr Mokadi Max Mathye as the Chief Executive Officer for the Food and Beverage Sector Education and Training Authority.

4.8. Cabinet approved the reappointment of those members who confirmed their availability to continue serving on the Human Resource Development Council of South Africa from September 2013 to August 2018.

This multi-sectoral advisory council is chaired by Deputy President Kgalema Motlanthe and comprises of 13 Ministers who sit permanently and represent government. It is further constituted by representatives from organised business and labour, academics, civil society and generally co-opted members. (Names on Annexure 1)

Cabinet also approved the following new appointees:

a) Mr Mongwena John Maluleke (organised labour)

b) Mr Thero Micarios Lesego Setiloane (organised business)

c) Mr Seeraj Mohamed (academia)

d) Dr Octavia Khabelani Mkhabela (co-opted member)

e) Dr Raymond Patel (co-opted member)

f) Dr Duduzile Rosemary Mkhize (co-opted member)

g) Ms Happy Mavis Sibande (co-opted member)

ANNEXURE I

Cabinet approved the reappointment of the following persons to serve on the Human Resource Development Council of South Africa from September 2013 to August 2018, in addition to the 7 new appointments mentioned above.